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Summary: The violations highlighted are those issues raised with the State by more than one international mechanism. This is done with the intention of identifying children's rights which have been repeatedly violated, as well as gaps in the issues covered by NGOs in their alternative reports to the various human rights monitoring bodies. These violations are listed in no particular order.
Scroll to: ______________________________________________________________________ The Committee notes with concern the persistence of behavioural attitudes in the society as well as cultural and religious practices which, as recognised by the State party, hamper the implementation of children’s rights. Mention can be made in this regard of the difficulties in ensuring birth registration in remote areas of abandoned and refugee children, as well as of the situation of female victims of practices such as ngozi (girl child pledging), lobola (bride price) and early marriage, and of disabled children. (Paragraph 13) The Committee encourages the Government to adopt adequate measures to prevent and eliminate prevailing social attitudes and cultural and religious practices hampering the realisation of children’s rights. Systematic information and awareness campaigns should be launched to create a deeper understanding of the Convention and of the need to respect and protect children’s rights. Similarly, training activities should be developed for professional groups working with and for children, including teachers, law- enforcement and correctional officials, members of defence forces, judges, social workers and health personnel. The Committee further encourages the State party to pursue the steps undertaken to include the Convention in school curricula and to give consideration to reflecting it in the training curricula. (Paragraph 26) UN Human Rights Committee The Committee is concerned about the duality of the legal statutory law and customary law), which potentially leads to unequal treatment between individuals, particularly in the area of marriage and inheritance laws. The Committee expresses concern that where customary law contravenes the Covenant or the statutory law, the customary law continues to be upheld and applied. The Committee is concerned about continued practices, in violation of various provisions of the Covenant, including articles 3 and 24, such as kuzvarita (pledging of girls for economic gain), kuripa ngozi (appeasement to the spirits of a murdered person), lobola (bride price), female genital mutilation, early marriage, the statutory difference in the minimum age of girls and boys for marriage. The Committee recommends that these and other practices which are incompatible with the Covenant (articles 3, 7, 23, 24 and others) be prohibited by legislation. Moreover, the Committee urges the Government to adopt adequate measures to prevent and eliminate prevailing social attitudes and cultural and religious practices hampering the realisation of human rights by women. (Paragraph 12) UN Committee on the Elimination of Discrimination against Women The Committee recognises the rich culture and traditions of the State party and their importance in daily life. However, the Committee expresses its serious concern about the persistence of harmful norms, practices and traditions, patriarchal attitudes and deep-rooted stereotypes, regarding the roles, responsibilities and identities of women and men in all spheres of life, as well as the State party’s limited efforts to address such discriminatory practices. These include, in particular, polygamy, bride price (lobola), and in certain regions, virginity testing and witch hunting. The Committee is concerned that such customs and practices perpetuate discrimination against women and girls and that they are reflected in women’s disadvantageous and unequal status in many areas, including education, public life, decision-making and in the persistence of violence against women, and that, thus far, the State party has not taken sustained measures to modify or eliminate stereotypes and harmful practices. The Committee urges the State party to: (a) Put in place, without delay, a comprehensive strategy to modify or eliminate patriarchal attitudes and stereotypes that discriminate women, in conformity with the provisions of the Convention. Such measures should include efforts, in collaboration with civil society and community and religious leaders, to educate and raise awareness of this subject, targeting women and men at all levels of the society; The Committee notes with concern that the decision of the Supreme Court in Rattigan and Others v. Chief Immigration Officer and Others has been nullified by an amendment to the constitution, the effect of which is to deprive both women and men of the right to have their spouses registered as citizens, who as a consequence may not be allowed to reside in or enter the territory of Zimbabwe. The Committee considers that this amendment is incompatible with articles 17 and 23 of the Covenant. The Committee recommends that steps be taken to bring the law into compliance with the Covenant. The Committee is also concerned that children born to Zimbabweans abroad may not acquire Zimbabwean citizenship. (Paragraph 19) UN Committee on the Elimination of Racial Discrimination The Committee notes with concern the insufficient information provided on the situation of refugees, migrants and non-nationals residing in Zimbabwe. Additionally, it notes with dissatisfaction that the laws concerning citizenship give preference to non-national female spouses over non-national male spouses of nationals of Zimbabwe and that the children born to citizens of Zimbabwe overseas may not acquire citizenship. It is recommended that the State party review its citizenship laws to ensure non-discrimination. The State party is invited to provide, in its next periodic report, additional information on the situation of refugees, migrants and non-nationals residing in Zimbabwe as well as the relevant legislative measures available to ensure the protection of their rights. (Paragraph 12) The Committee is concerned about safeguarding the cultural heritage of minorities in Zimbabwe and recommends, inter alia, that education be provided in minority languages. (Paragraph 27) UN Committee on the Elimination of Racial Discrimination It is noted with regret that the full implementation of the policy to introduce minority languages into the school curricula has been impeded by financial, human and material constraints. The State party is encouraged to proceed with its proposal to give priority in the teacher training and curriculum development programmes to persons with minority languages. (Paragraph 11) UN Committee on the Elimination of Discrimination against Women The Committee commends the State party for the progress achieved in the education of girls and women since the country’s independence in 1980 as reflected in the parity in elementary school and near parity at lower secondary level. While noting the adoption by the State party in 1999 of a policy enabling pregnant girls to re-enrol after delivery, the Committee is concerned at the high dropout rate and the low retention and completion rates for girls, especially from secondary and tertiary levels, due to early marriage, teenage pregnancy, discriminatory traditional and cultural practices and poverty, especially in rural areas. The Committee is further concerned that the traditional views of both students and teachers orient female students into areas of study perceived as appropriate to their social roles and participation in public life. The Committee also expresses its concern at the high number of girls who suffer sexual abuse and harassment in schools by both teachers and classmates, as well as the high number of girls who suffer sexual violence while on their way to/from school. The Committee notes that education is key to the advancement of women, and that the low level of education of women and girls remains one of the most serious obstacles to their full enjoyment of their human rights. Universal Periodic Review (October 2011) A - 93.25. Continue the work according to the National Action Plan II to focus on the situation of orphans and vulnerable children to ensure their access to health care and education (Norway); (accepted) A - 93.29. Intensity efforts to implement national programmes that promote the rights of its people, including in the field of the rights of Children and Women as well as rights of education, to health, to adequate water and to sanitation, through enhancing the capacity of the Government and cooperation with relevant stakeholders, including civil society, media and international community (Indonesia); (accepted) A - 93.68. Continue the free access to education, notably for girls and vulnerable children (Morocco); (accepted) A - 93.69. Reprioritise resources to increase the budget for basic education, including the provision of additional tuition assistance to orphans and vulnerable children (New Zealand); (accepted) ______________________________________________________________________ The Committee expresses its concern at the acceptance in the legislation of the use of corporal punishment in school, as well as within the family. It stresses the incompatibility of corporal punishment, as well as any other form of violence, injury, neglect, abuse or degrading treatment, with the provisions of the Convention, in particular articles 19, 28 paragraph 2 and 37. (Paragraph 18) UN Committee on the Elimination of Discrimination against Women While noting the adoption of the new Domestic Violence Act (2006), the Committee expresses its concern at the high prevalence of violence against women in the State party, in particular, domestic and sexual violence, which remains, in many cases, underreported, as well as at the lack of statistical sex disaggregated data, and also at the absence of an expressed political will to place high priority on the elimination of violence against women. While welcoming the enactment of the Sexual Offences Act in 2003, recognising marital rape as an offence, the Committee is deeply concerned that despite the enactment of the Domestic Violence Act in 2006 and the establishment of an Anti-Domestic Violence Council, responsible for the implementation of the Act, its effectiveness has been hampered, as the State party has not availed the required monetary and human resources. The Committee is further concerned at the failure of the State party to address politically motivated violence against women. The Committee is again concerned that only one shelter for women victims of violence has been established by the State party in the country (the two other shelters were established by NGOs), and that this is not exclusively for women victims of domestic violence. The Committee is also concerned about acts of violence, perpetrated by state and non-state actors, against lesbian, bisexual and transgender women. The Committee urges the State party to: (a) Put in place comprehensive measures to prevent and address violence against women and girls, recognising that such violence is a form of discrimination against women and constitutes a violation of their human rights under the Convention and ensuring that women and girls who are victims of violence have access to immediate means of redress and protection and that perpetrators are prosecuted and punished, in accordance with the Committee’s general recommendation No. 19; The Committee also expresses its concern at the high number of girls who suffer sexual abuse and harassment in schools by both teachers and classmates, as well as the high number of girls who suffer sexual violence while on their way to/from school. The Committee notes that education is key to the advancement of women, and that the low level of education of women and girls remains one of the most serious obstacles to their full enjoyment of their human rights. The Committee urges the State party to enhance its compliance with article 10 of the Convention and to raise awareness of the importance of education as a human right and as the basis for the empowerment of women. To this end, it urges the State party to: (d) Provide safe educational environment free from discrimination and violence, as well as institute measures to protect girls from sexual harassment and violence on their way to and from schools, in particular, in rural areas; (Paragraphs 29 and 30) The Committee expresses its concern at the acceptance in the legislation of the use of corporal punishment in school, as well as within the family. It stresses the incompatibility of corporal punishment, as well as any other form of violence, injury, neglect, abuse or degrading treatment, with the provisions of the Convention, in particular articles 19, 28 paragraph 2 and 37. (Paragraph 18) The Committee recommends that the State party adopt appropriate legislative measures to forbid the use of any form of corporal punishment within the family and in school. (Paragraph 31) Universal Periodic Review (October 2011) R - 95.5. Ratify the CAT, clearly criminalise torture and ban all kinds of corporal punishment (Portugal); (rejected) P - 94.22. Prohibit corporal punishment as a form of sentence as well prohibit corporal punishment in all other settings (Austria); (pending) The Committee remains concerned at the continuing prevalence of trafficking in women and girls in the country, at the lack of statistical sex disaggregated data, as well as at the low reporting rate. The Committee is also concerned at the State party’s failure to address the root causes of trafficking and prostitution, including poverty, which impede the State party’s efforts to address these issues in a serious way. While noting the existence of the reception and support centres at Beitbridge and Plumtree border posts to receive returnees and deportees from neighbouring countries, the Committee is also concerned at the lack of shelters and counselling services in the State party for victims of trafficking and prostitution, as well as at the lack of information provided on the existence and implementation of regional and bilateral memoranda of understanding and/or agreements with other countries on trafficking. The Committee calls upon the State party to fully implement article 6 of the Convention, including through: (a) Addressing root causes of trafficking and prostitution, including poverty, in order to eliminate the vulnerability of girls and women to sexual exploitation and trafficking and to undertake efforts for the recovery and social integration of the victims; Universal Periodic Review (October 2011) A - 93.1. Continue its efforts to combat trafficking in persons and consider the possibility to accede to the Optional Protocol to the CRC relating to sale of children, child prostitution and child pornography and to the United Nations Protocol to Prevent, Suppress and Punish trafficking in persons, especially women and children (Belarus); (accepted) P - 94.11. Ratify the core international human rights instruments including the CAT, the Convention on the Rights of Persons with Disabilities and its Optional Protocol, both Optional Protocols to theCRC, the United Nations Protocol to Prevent, Suppress and Punish Trafficking in Persons especially Women and Children and both Optional Protocols to the ICCPR and incorporate them into its national legislation (Slovenia); (pending) The Committee is concerned that insufficient attention has been paid to the provisions of article 4 of the Convention and notes the persistence of economic and social disparities in the enjoyment of the rights recognised by the Convention, particularly in relation to children living in rural areas, children on commercial farms and children living in poverty in urban areas. It notes in this regard that, as recognised by the State party, the introduction of fees for health care and education, as well as the inadequate social assistance system, have negatively affected the accessibility of such services to lower income groups. (Paragraph 15) The Committee recommends that the State party pay particular attention to the implementation of article 4 of the Convention and undertake all appropriate measures to the extent possible with available resources, for the realisation of the economic, social and cultural rights of children. Special attention should be paid to the situation of the most disadvantaged groups of children, including those living in rural areas, poor urban areas and on commercial farms, as well as orphans or abandoned children, and measures should be adopted with a view to providing adequate safety nets for such children and protecting them against the adverse effects of reductions in budgetary allocations and of the introduction of fees in health and education services. (Paragraph 28) UN committee on the Elimination of Discrimination against Women While welcoming the establishment in 2011 of a Health Transition Fund providing free maternal and child health services by all public health facilities, the Committee is concerned that the right to health is not enshrined in the Constitution or the Public Health Act. While noting the launching in 2010 of the campaign: Accelerated Reduction of Maternal Mortality (CARMMA), the Committee is also concerned at the high maternal mortality rate (725/100,000 live births). The Committee is further concerned that the restrictive abortion law leads women to seek illegal abortions, which are often unsafe, and the lengthy procedures for authorising abortions according to the exceptions allowed by law. The Committee is also concerned at women’s limited access to quality reproductive and sexual health services, especially in rural and remote areas. The Committee is further concerned that the HIV/AIDS epidemic continues to be a health challenge in the State party despite reports of a significant fall in the rates of infection. The Committee urges the State party to: (a) Take all necessary measures to improve women’s access to health care and health-related services, within the framework of the Committee’s general recommendation No. 24; Universal Periodic Review (October 2011) A - 93.25. Continue the work according to the National Action Plan II to focus on the situation of orphans and vulnerable children to ensure their access to health care and education (Norway); (accepted) A - 93.29. Intensity efforts to implement national programmes that promote the rights of its people, including in the field of the rights of Children and Women as well as rights of education, to health, to adequate water and to sanitation, through enhancing the capacity of the Government and cooperation with relevant stakeholders, including civil society, media and international community (Indonesia); (accepted) A - 93.54. Continue the efforts to reduce maternal and child mortality (Morocco); (accepted) The Committee encourages the State party to adopt all appropriate measures to ensure the birth registration of all children, including those born in rural areas and on commercial farms, and encourages the efforts designed to establish registration units at schools and clinics. (Paragraph 27) Universal Periodic Review (October 2011) P - 94.30. Amend expeditiously the Births and Deaths Registration Act to ensure that all children born in Zimbabwe, regardless of their parents’ origin, are issued with birth certificates (Slovakia) (pending) In the field of juvenile justice, the Committee recommends that the State party raise the minimum age of criminal responsibility and incorporate in the legislation a clear prohibition of capital punishment, life imprisonment without possibility of release and indeterminate sentencing as well as of the use of whipping as a disciplinary measure. (Paragraph 34) Universal Periodic Review (October 2011) P - 94.25. Raise the age of criminal responsibility from now 7 to 12 years as the absolute minimum as recommended by the CRC (Austria); (pending) P - 94.28. Set a higher age of criminal responsibility for children and take all necessary measures to establish a specialised juvenile justice system, where children are treated in accordance with the principle of the best interest of the child (Slovenia); (pending)
Harmful traditional practices
UN Committee on the Rights of the Child (Concluding Observations, June 1996)
Concluding Observations published: 6 April 1998
Concluding Observations published: 1 March 2012
(b) More vigorously address harmful practice by expanding public education programmes and by effectively enforcing the prohibition of such practices, in particular, in rural areas;
(c) Use innovative measures that target media people to strengthen understanding of the equality of women and men and through the educational system to enhance a positive and non-stereotypical portrayal of women; and
(d) Monitor and review the measures taken in order to assess their impact and to take appropriate action. (Paragraphs 21 and 22)
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Discrimination in citizenship laws
UN Human Rights Committee
Concluding Observations published: 6 April 1998
Concluding Observations published: 19 April 2000
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Inadequate provision of education, particularly for girls and children from minority backgrounds
UN Human Rights Committee
Concluding Observations published: 6 April 1998
Concluding Observations published: 19 April 2000
Concluding Observations published: 1 March 2012
The Committee urges the State party to enhance its compliance with article 10 of the Convention and to raise awareness of the importance of education as a human right and as the basis for the empowerment of women. To this end, it urges the State party to:
(a) Address barriers to women’s and girls’ education such as negative cultural attitudes, early marriage, excessive domestic duty and take steps to retain girls in schools, as well as strengthen the implementation of re-entry policies enabling young women to return to school after pregnancy;
(b) Implement measures to eliminate traditional stereotypes and structural barriers that might deter girls’ enrolment in science and mathematics education at the secondary and tertiary levels of the education system;
(c) Increase efforts to provide career counselling for girls that expose them to options related to non-traditional career paths;
(d) Provide safe educational environment free from discrimination and violence, as well as institute measures to protect girls from sexual harassment and violence on their way to and from schools, in particular, in rural areas; and
(e) Strengthen awareness-raising and training for school officials and students, and the sensitisation of children through the media; and establish reporting and accountability mechanisms to ensure that perpetrators of sexual abuse and harassment in schools are prosecuted and punished. (Paragraphs 29 and 30)
Violence against children, particularly girls
UN Committee on the Rights of the Child (Concluding Observations, June 1996)
Concluding Observations published: 1 March 2012
(b) Provide mandatory training for judges and prosecutors on the strict application of legal provisions dealing with violence against women and to train police officers on procedures to deal with women victims of violence;
(c) Encourage women to report incidents of domestic and sexual violence, by de-stigmatising victims and raising awareness about the criminal nature of such acts;
(d) Put in place measures to prevent and address politically motivated violence against women;
(e) Provide adequate assistance and protection to women victims of violence, by strengthening the capacity of existing shelters and establishing more shelters, especially in rural and remote areas, and enhancing cooperation with NGOs providing shelter and rehabilitation to victims;
(f) Provide effective protection against violence and discrimination against all groups of women, including lesbian, bisexual and transgender women, in particular through the enactment of comprehensive anti-discrimination legislation that includes the prohibition of multiple forms of discrimination and through the launching of a sensitisation campaign aimed at the general public, as well as providing appropriate training to law enforcement officials; and
(g) Collect statistical data on domestic and sexual violence disaggregated by sex, age, nationality and relationship between the victim and perpetrator. (Paragraphs 23 and 24)
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Corporal punishment
UN Committee on the Rights of the Child (Concluding Observations, June 1996)
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Trafficking of children, including for sexual exploitation
UN Committee on the Elimination of Discrimination against Women
Concluding Observations published: 1 March 2012
(b) Providing training on how to identify and deal with victims of trafficking, and also training on the anti-trafficking legislation to the judiciary, law enforcement officials, border guards and social workers in all parts of the country, especially in rural and remote areas;
(c) Ensuring a systematic monitoring and periodic evaluation, including the collection and analysis of data on trafficking and exploitation of women in prostitution, and to include such data in its next periodic report;
(d) Increasing efforts at international, regional and bilateral cooperation with countries of origin, transit and destination to prevent trafficking through information exchange and to harmonise legal procedures aiming at the prosecution of traffickers;
(e) Taking necessary steps to ensure that trafficked women and girls have access to quality medical care, counselling, financial support, adequate housing and training opportunities, as well as access to free legal services; and
(f) Ratify the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention against Transnational Organised Crime. (Paragraphs 25 and 26)
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Inadequate health provision, particularly affecting vulnerable groups of children
UN Committee on the Rights of the Child (Concluding Observations, June 1996)
Concluding Observations published: 1 March 2012
(b) Strengthen its efforts to reduce the incidence of maternal mortality and to raise awareness of and increase women’s access to health-care facilities and medical assistance by trained personnel, especially in rural and remote areas;
(c) Strengthen and expand its efforts to increase knowledge of and access to affordable contraceptive methods throughout the country and ensure that women in rural and remote areas do not face barriers in accessing family planning information and services;
(d) Promote widely education on sexual and reproductive health targeting adolescent girls and boys, with special attention to early pregnancy and the control of STIs, including HIV/AIDS; and
(e) Provide women with access to quality services for the management of complications arising from unsafe abortions so as to reduce women’s maternal mortality rate, and consider reviewing the law relating to abortion for unwanted pregnancies with a view to removing punitive provisions imposed on women who undergo abortion, in line with the Committee’s general recommendations N.24 on women and health and to review the procedures for the exceptions that are allowed by law . (Paragraphs 33 and 34)
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Inadequate system for birth registration
UN Committee on the Rights of the Child (Concluding Observations, June 1996)
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Low minimum age of criminal responsibility
UN Committee on the Rights of the Child (Concluding Observations, June 1996)
P - 94.26. Consider raising (from 7 years old) the minimum age of criminal responsibility (Brazil); (pending)
P - 94.29. Ensure the protection of the minors, including through adopting juvenile justice system and increasing the age of criminal responsibility for children (Indonesia); (pending)
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